Need done by 8pm tomorrow!
Remember: in preparation for each class, IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
NOTE THAT IN SOME CASES THERE IS MORE THAN ONE GROUP OF QUESTIONS DUE FOR A PARTICULAR CLASS.
1/28 #1 OF 2 groups Sources of Law, Legal Authority
1. What are the sources of law?
2. Discuss “legal authority” in terms of both type of information and degree of persuasiveness.
3. What do “precedent” and “stare decisis” mean in case law?
4. Who carries out statutory interpretation?
5. What are the consequences of inadequate legal research?
6. What is the most fundamental difference between the British and American legal systems?
#2 of 2 The Legal Research Process & The Cartwheel Method
1. Describe the four steps in the legal research process. Where does secondary authority fit into this process?
2. How do you know when to stop your research?
3. What is the cartwheel method?
IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
2/4 #1 of 2 groups Secondary Authority: Legal Encyclopedias and Treatises
1. What are the chief similarities and differences between legal encyclopedias and treatises?
2. What are the chief ways to find the law in legal encyclopedias and in treatises?
3. What is the correct form for citing a legal encyclopedia or a treatise according to the New Jersey Manual on Style?
#2 of 2 A.L.R.
1. What kind(s) of authority is/are A.L.R.?
2. Explain the different search methods for ALR.
3. How is ALR updated?
4. Contrast ALR with treatises and legal encyclopedias.
5. What is an “annotation” in A.L.R.? How is it different from an annotation in other sources that we study?
6. What are supplementing and superseding annotations?
IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
2/11 #1 OF 2 groups Legal Periodicals; Legal Citation
1. Why are law reviews so unusual as a form of legal scholarship? Explain.
2. What is the difference between a voluntary and a unified (integrated) bar?
3. How/Why did the BlueBook develop?
4. List 5 pointers about citation form for legal periodicals from the NJ Manual and the Bluebook.
2/11 continued on next page
2/11 #2 of 2 Constitutions
1. What kind of authority does the constitution represent and where is the most utilized source for locating the constitution (U.S. or state)?
IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
2/18 #1 of 2 groups Enacted Law: State Legislation
Recap: primary v. secondary authority
1. enacted law v. case law
2. What are the forms of state statutory authority? Distinguish.
3. What are the key components of a state code?
4. How does the article on the charitable immunity statute related to our discussion of state statutes?
5. What is the importance/significance of the Manzie and Charitable Immunity articles in statutory law and statutory research?
#2 of 2 Federal Legislation
1. What are the forms of federal statutory authority? Distinguish.
2. What are the key components of a federal code?
3. Distinguish between USC, USCA, and USCS.
4. How do you properly cite USCA? Contrast with the proper citation form for NJSA.
5. What are the key research methods for codes?
6. What is “positive law”? What does it mean for a code or a portion of a code to be enacted into positive law? [Contrast this with prima facie evidence of law.]
IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
2/25 #1 of 3 groups Administrative Law
1. Compare and contrast citation form for federal and state: constitutions, statutes, and rules/regulations.
2. Compare and contrast the Federal Register and C.F.R. What does this contrast remind you of?
3. In what way do administrative agencies have function like the executive, legislative and judicial branches?
#2 of 3 1. What is LEXIS? What is a “query”?
#3 of 3 Legislative History
1. What kind of a source of law is legislative history?[this is not easy to answer.]
2. What are the purposes of legislative history?
Why does Justice Scalia say in a footnote in your book that it is an unreliable source?
IN WRITING:
**List 3 main points in the homework
**List the “muddiest point” in the homework
